Johnny Cordova v. C. Terhune

MEMORANDUM

Petitioner Johnny Cordova appeals the district court’s denial of his post-Antiterrorism and Effective Death Penalty Act, 28 U.S.C. § 2254 habeas corpus petition following an evidentiary hearing on the issue of ineffective assistance of counsel. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

Cordova’s claim of ineffectiveness turns on his allegations that his counsel failed to timely communicate to him a plea offer and its limited duration. In this context, Cordova argues that the district court erred in relying on counsel’s statement that his custom and practice was to communicate any offers fully and accurately, even though counsel had no recollection of what he actually did in Cordova’s case.

The statement was admissible. See Fed.R.Evid. 406. Further, the district court did not rely exclusively on counsel’s statement, but considered it along with other admissible evidence (see below) to determine whether counsel was ineffective.

Cordova next challenges several of the district court’s other findings of fact, in addition to the finding that counsel communicated the plea offer timely and accurately. Cordova contends that the district court should have…